Indiana’s Curfew Laws

For many, summer is one of the most anticipated times of the year. Children are out of school and trying to make the most of their break by spending time with friends or working a summer job. While summer can be filled with memories to last a lifetime, too much fun and freedom can lead to some dire consequences.

After a string of unfortunate events in Indianapolis, the Indianapolis Metropolitan Police Department announced that it would be strictly enforcing Indiana’s curfew laws. Under Indiana law, it is a curfew violation for a child of the age of fifteen and through the age of seventeen to be in a public place between 1:00 am and 5:00 am Saturday or Sunday, after 11:00 pm Sunday through Thursday, or before 5:00 am Monday through Friday. Children under the age of fifteen may not be in a public place after 11:00 pm or before 5:00 am on any day.

Children found to be in violation of the curfew law may be detained by officers if they have violated the law and have no legal defense. There are many legal defenses to a curfew violation. It is a defense against a curfew violation if the child is legally emancipated. It is a defense if the child is accompanied by their parent, guardian, custodian, or an adult specified by the same or is out after curfew in the course of lawful employment, a school sanctioned activity, or a religious event. It is a defense if the child been responding to an emergency involving the protection of a person or property from an imminent threat of serious bodily harm or substantial damage.

Children who are involved in an activity involving the exercise of a protected First Amendment right pursuant to the United States Constitution or under Article 1, Section 31 of the Constitution of the State of Indiana will also be excused. Finally, it is a defense for a child to be traveling from a location outside of Indiana to another location outside of Indiana.

Be sure to know what your local government says about curfew for minors. Indiana allows for cities, towns, and counties to advance the state curfew laws up to two hours. If you have concerns involving the detention of your child by law enforcement for curfew violations, please reach out to one of our experienced attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.